New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-20

he WAS not born Yesterday. It's well he does.
Another variety Of knowing one fees In this jury
business the crafty hand of Mr. HYDE the president OF
the Equitable Society whose anitor Cleary has been
for q quarter OF u century. Mr.. Hyde has found
Cleary q good janitor. During all the years OF his
jantors life he has never stolen any desks or chairs
OF stationery. Not elevator has been missing
and Mr.. Hyde believes in Cleay He has ventured to
say so, and the knowing sees IN this sure proof
that Mr. Hyde is going around town ouights liking"
Cleary jurors Argument is lost this type OF know
lug one. The fact that Mr. Hyde an honorable gen.
tleman to say nothing OF q busy man oil afars, does
not appeal to him ut all. He is like the tslesman whom
Dir. Nicoll asked
" Have you opin-"
Yis, an have, sor."
"About what"
@About IL all, sor.'
"wcIl suppose you have; could you not try this
case without being influenced
"No, sor, l couldn't"
"Why notf"
@Fath sor | have me mond that sot, sor, that
wouldn't behave a thing We tellin' me. sor."
There IA nothing easier OF explanation than the
reason why il has taken three weeks to secure the
Ceary jury and when explained every rational man
will that the time has been well spent. 1t Is all
wrong of course that it should take three weeks, but
at the time tho just and proper issue OF the trial
has not been pre- JUDGED by the delay Inc circular
which have caused it are these The extremely
bad class of creatures whom Commissioner Reilly has
has touched limit OF judicial generosity the prose-
cutons care which has been exercised with scrupu-
Ous regard Tor the peoples rights and the deiences
clever and disIngenuous examination which has been
devoted assiddously TO quality dull and gross jurors
and to disqualiiy Intelligent and highmind ones.
Had Judge Barrett 50 chosen a jury could have been
got In two DAYS instead OF three weeks He might
have sat hours day Father than four lie could
have suppressed the derences misleading buIdozing
discursve questions He could have exercised his dis
ka. .,tI ha-a
juror he went into the box. But Instead Of doing
this he has held short sessions, he has permitted the
most cunning aud begerent methods OF turning wit
nesss minds inside out, and he has refused perfectly
competent men because they paused few seconds to
consider before they announced their ability TO throw
aside their previously formed impressions. And as
result OF this careful and generous plan the twelve
men no In the box all TO be clearhcadcd, clean
handed men, really able to do what they have sworn
they will do
Counsel TOR the mex, boodler I" who comes up for
trial ought learn lesson from what mas gone before
Jaehne and 0Neil all tiled by Il cir own
lawyers AZ II they were guilty men, The case OF
CIeary IA being managed the same way. The defence
start with three propositions: First that the EVIL
dence OF Fullgra and Duffy is Q Wholesale lie second
that the District-AttOrney is conducting malicious
prosecution third, that tho Judge is cruelty against
them Instead OF endeavoring to prove that their man
Is innocent they expend all their energiee In an effort
to convince the jury that he Is the victim OF putup
Attorney and Mr. Justice Barrett are equally engaged
This may be the best they do but experience has
show n it's futility Ii assumes too mucn Tor an lnte
gent Jury believe The iniormers story Ia elaborate,
circumst sntia and complex. They could not possibly
have il themselves, Tor it Is masterpiece,
and they are pair OF dull vulgar knaves. To believe
It false ono must believe that De Lancey Nicol, the
only man who could have provided 1t tor them, is a
constituencies scounirel, capable OF manufacturing
utterly wicked lies and of teaching them TO these poor
devils of accompces upon which TO send innocent men
to States Prison simply to aray bis ambition Nicol,
to be sure does not resemble an Angelo cherab, but
glance his blue eyes, frank face ana manly shoulders
rs enough knock such o theory INTO cooked hat.
SO complex a tale could be easily demolished II 1t
were false. 1t duplicates fifteen men directly, and
nearly a score OF Others indirectly Six Of the leading
confess its truth by light, and the most
elaborate efforts OF the sblcst criminal lawyers 10
America ha We failed to tear down single support ON
which the fabric rests. There must be motive for the
acts OF sensible The motive for malice on the
part of Martiue Nioo has not the consistency of
vapor On the contrary, they we're to open their lips
and tell the names Vt presumably honorable and uD-
right men in this city who have endeavored to stop
and clog their labors tor tho conviction OF these
knayes q painful shock would be given to public con-
ddence and many are the webuilt regulations that
would shrvel up IL the scorching flame OF what they
could reveal.
the nconceiva audacy to approach Judge barrett
1t must have been shock to tie Judges selfesteem
lie probably imagined that his high character was
safe at least from that But in this composite town
IL would behoove St. Peter himself to keep his skirts
we'll up IS he walked along.
The most fatal mistake made by the defence Is their
elaborate effort impress the jury with Judge Bar
rets partially. This has been conspicuous feature
of eyery defence They lose sight the fact that
consciously but none the less effectively from aoe DE-
tious Judge stamps his personality on the jury SO
deeply that every in the box feels himself IN the
presence OF incorruptiblc. strong. refined nature
and engaged with It in the performance OF sacred
duty lie sheds upon them light peculiar to himself.
and the jury be an honest one 1t could as s,on tnink
of ia own verdict being the filthy proceeds OF price
a, of any unjust improper Influence reaching the
calm, stern and strongly emotional man whose clear
he ad and strong hand supreme In their control OF
The suocessul lawyer In these Doodle cases must
therefore work upon new lines. He must give up
trckery which to against his ceut, and
must provide some theory upon which the defendants
couduct may be consistent with an honest motive II
that 10 impossible the shadow OF Sing Sing will grow
darker and dar his man az the TRIAL advances
Ira Skaters methods are snaaingy clever, albeit
his scheme is bad. He has succeeded In qualifying
dunsss and in disqualityins ntel!igenoe where r hs
gent man comes on the stand and says he has read
about these cases; he has also formed OPINION but
decide this case on the evidence suomttea sud On
That qualities him. and then Mr. Shafer looms up like
thunder cloud before him and goes at him like thi:
. Did you read the evidence before Mr.. Conklngs
Senate Committed"
The gtness VIII answer that he read more or less of
And you formed an opinion from what you readi'
The general answer 10 Yes an impression"
SWELL did you read about the Jaehne trial." OF
course he did.
And your first impression, derived from reading
the Senate Committees proceedingsw strengthened
v asn't =" OF course It was
Aud you also read about the McQuadc and O'Neil
trials didn't YOU ." He did. beyond Doubt
Ard their results still further strengthened the i'm
preston you had formed, didn't tbey1r To be sure
they did.
"Until 10 has now become positive conviction,
hasn't t" The average witness will say yes, so far az
the persons already tried are concerned.
u Won ant thay cfa in THAR
he does; q judge and jury have sat on
dered , .v :,
That means that you believe them guilty." 1t
does.
suppose Cieary's case 10 substantially the same ~
and O'Neils, whom you say you believe